October 3, 2013, Introduced by Reps. Cotter, Heise, Singh, VerHeulen, Yanez, Faris, Pscholka, Daley, McBroom, Clemente, Hooker, Nesbitt, Townsend, Yonker, Lyons and Oakes and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 539k (MCL 750.539k), as added by 2004 PA 460.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 539k. (1) A person who is not a party to a transaction
that involves the use of a financial transaction device shall not
secretly or surreptitiously photograph, or otherwise capture or
record, electronically or by any other means, or distribute,
disseminate, or transmit, electronically or by any other means,
personal identifying information from the transaction without the
consent of the individual.
(2) This section does not prohibit the capture or transmission
of personal identifying information in the ordinary and lawful
course of business.
(3) This section does not apply to a peace officer of this
state, or of the federal government, or the officer's agent, while
in the lawful performance of the officer's duties.
(4) This section does not prohibit a person from being charged
with, convicted of, or punished for any other violation of law
committed by that person while violating or attempting to violate
this section.
(5) A person who violates this section is guilty of a
misdemeanor
felony punishable by imprisonment for not more than 1
year
or a fine of not more than $1,000.00, or both.as follows:
(a) Except as otherwise provided in subdivisions (b) and (c),
by imprisonment for not more than 5 years or a fine of not more
than $25,000.00, or both.
(b) If the violation is a second violation of subsection (1),
by imprisonment for not more than 10 years or a fine of not more
than $50,000.00, or both.
(c) If the violation is a third or subsequent violation of
subsection (1), by imprisonment for not more than 15 years or a
fine of not more than $75,000.00, or both.
(6) As used in this section:
(a) "Financial transaction device" means that term as defined
in section 157m.
(b) "Personal identifying information" means that term as
defined in section 3 of the identity theft protection act, 2004 PA
452, MCL 445.63.